High Sheriff
Encyclopedia
A high sheriff is, or was, a law enforcement officer in the United Kingdom
, Canada
and the United States
.
In England and Wales
, the office is unpaid and partly ceremonial, appointed by the Crown
through a warrant
from the Privy Council
. In Cornwall
, the High Sheriff is appointed by the Duke of Cornwall
. In England and Wales the office previously known as sheriff was retitled high sheriff on 1 April 1974.
In some states
of the United States of America, the high sheriff is the chief sheriff
of the state, who outranks and commands all other sheriffs.
is the Sovereign's personal representative. (The post should not be confused with that of sheriff
in Scotland, who is a judge sitting in a sheriff court
.) Their jurisdictions, the "shrieval counties", are no longer co-terminous with administrative areas, representing a mix between the ancient counties
and more recent local authority areas. The post is unpaid (except for a nominal court attendance allowance), and the general expenses of the office are borne personally by the holder.
The office of sheriff had its origins in the 10th century; the office reached the height of its influence under the Norman kings. While the sheriffs originally had been men of great standing at court, the thirteenth century saw a process whereby the office devolved on local men. The Provisions of Oxford
(1258) established a yearly tenure of office. The appointments and duties of the sheriffs in England and Wales were laid down by the Sheriffs Act 1887
. Under the provisions of the Local Government Act 1972
, on 1 April 1974 the office previously known as sheriff was retitled high sheriff.
The serving high sheriff submits a list of names of possible future high sheriffs to a tribunal which chooses three names to put to the Sovereign. The nomination is made on 12 November every year and the term of office runs from 25 March, the start of the year prior to 1752. No person may be appointed twice in three years unless there is no other suitable person in the county.
, the Lord High Treasurer
(or the Chancellor of the Exchequer
if the Treasurership was in commission), the Lord President of the Council
, and the Lord Chief Justice of England; other members of Her Majesty's Most Honourable Privy Council; and any two or more judges of Her Majesty's High Court
. In 1998, the Chancellor of the Exchequer replaced the Lord High Treasurer entirely (since the latter office is invariably placed into commission), and in 2006, the Lord Chancellor was removed as a nominating officer through the operation of the Constitutional Reform Act 2005
. These officers nominate three candidates for each county in England and Wales
(with the exception of Cornwall
, Merseyside
, Greater Manchester
and Lancashire
), which are enrolled on a parchment
by the Queen's Remembrancer.
Eligibility for nomination and appointment of High Sheriff under the Sheriff’s Act of 1887 excludes Peers of Parliament, Members of the House of Commons, Commissioners or Officers of Customs and Excise or Inland Revenue, Officers of the Post Office and Officers of the Navy, Army or Royal Air Force on full pay, Clergymen whether beneficed or not and Barristers or Solicitors in actual practice.
In February or March of each year, the parchment prepared the previous November is presented to the Monarch of the United Kingdom at a meeting of the Privy Council. Separate parchments are drawn up in November for Cornwall and presented to the Duke of Cornwall
(or to the monarch when there is no Duke). The monarch, as Duke of Lancaster
, also receives a separate parchment for Merseyside, Greater Manchester, and Lancashire.
Three persons are nominated for each county, of whom one is chosen by the monarch to be sheriff. In practice, the first name on the list is nowadays always the one chosen; the second and third names will become sheriffs in succeeding years, barring incapacity or death. The monarch signifies assent by pricking (i.e., piercing) the document with a silver bodkin
by the relevant name for each county, and signs the parchment when complete. The parchment for the Duchy of Lancaster is known as the "Lites", and the ceremony of selection known as "Pricking the Lites". The term "lites", meaning "list", was once reserved for Yorkshire
; the date at which the name was transferred to Lancashire is unknown.
The practice is believed to date back to the reign of Elizabeth I
, when, lacking a pen, she decided to use her bodkin to mark the name instead. However, Lord Campbell
states that in February 1847, while acquiring a prick and a signature from Queen Victoria
, Prince Albert asked him when the custom began, to which Campbell replied "In ancient times, sir, when sovereigns did not know how to write their names."
and attending the judge at assizes
. In the Irish Free State
the Courts of Justice Act 1924
abolished the grand jury and the assizes; and the office of High Sheriff was formally abolished by the Court Officers Act 1926. The office continues to exist in Northern Ireland
.
Most of the high sheriff's work is delegated; for example, the local police now protect judges and courts, so that in effect the post of high sheriff is essentially a ceremonial post. Theoretical responsibilities include the well-being and protection of High Court judges, and attending them in court; and the maintenance of the loyalty of subjects to the Crown.
The high sheriff was traditionally responsible for the maintenance of law and order
within the county, although most of these duties are now delegated to the professional Chief Constable
of Police. As a result of its close links with law and order the position is frequently awarded to people with an association with law enforcement (former police officers, lawyer
s, magistrate
s, judge
s). The high sheriff was originally allowed to kill suspects resisting arrest; this was still legal in the 17th century. Edward Coke
noted that when the high sheriff employed constables to assist in his duties the law was also extended to them.
, if a sheriff finds any resistance in the execution of a writ he shall "take with him the power of the county" (known as posse comitatus
), and shall go in proper person to do execution, and may arrest the resisters and commit them to prison, and every such resister shall be guilty of a misdemeanor
.
, elected annually by the Liverymen of the Livery Companies
of the City
. Whilst these are not High Sheriffs, the City of London does not fall under the High Sheriff of Greater London
and the Sheriffs of the City of London were, until 1889, also the Sheriffs for Middlesex
, there being no High Sheriff of Middlesex
until that year.
. Two further charters dated March 18, 1337 and January 3, 1338 state that no sheriff of the king shall enter Cornwall to execute the king's writ. The Sheriff of Cornwall swears to serve both the reigning monarch and the duke. When there is no Duke of Cornwall, the Duchy Council still sits, but under the Trusteeship of the Monarch of the UK. Only as Duchy Trustee can the Monarch of the UK appoint the Sheriff of Cornwall. Nomination and appointment generally takes place in Hilary Term
, at the office of the Duchy of Cornwall
.
became vested in the Crown. Since then the sheriffs of Durham have been appointed alongside the other English sheriffs.
. Originally, this right applied only to the High Sheriff of Lancashire
, but since the boundary changes of the Local Government Act 1972
(effective 1974), the High Sheriff of Greater Manchester
and High Sheriff of Merseyside
also lie under the jurisdiction of the Duchy of Lancaster
. As with the other counties in England, three names are nominated each year, but by the Chancellor of the Duchy of Lancaster
; these are presented to the monarch for selection by the Chancellor in a private audience. Selection generally occurs in Hilary Term.
. With the abolition of the Council in 1689, the power of nomination was transferred to the justices of the Court of Great Sessions in Wales
. When this court was abolished in 1830, its rights were in turn transferred to the courts of King's Bench, Exchequer
, and Commons Pleas
. Finally, by an Act of Parliament of 1845, the nomination and appointment of sheriffs in Wales was made identical to that in England.
(Executive High Sheriff), and Hawaii
. In New Hampshire
, the ten high sheriffs are the senior law enforcement officers of each county
, and have police
powers throughout the state.
The New York City Sheriff functions as a de facto
high sheriff, as his jurisdiction covers New York City
, which contains the five New York Counties - each of which contains an undersheriff
.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the office is unpaid and partly ceremonial, appointed by the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
through a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
from the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
. In Cornwall
High Sheriff of Cornwall
High Sheriffs of Cornwall: a chronological list:Note: The right to choose High Sheriffs each year is vested in the Duchy of Cornwall, rather than the Privy Council, chaired by the Sovereign, which chooses the Sheriffs of all other English counties, other than those in the Duchy of...
, the High Sheriff is appointed by the Duke of Cornwall
Duke of Cornwall
The Duchy of Cornwall was the first duchy created in the peerage of England.The present Duke of Cornwall is The Prince of Wales, the eldest son of Queen Elizabeth II, the reigning British monarch .-History:...
. In England and Wales the office previously known as sheriff was retitled high sheriff on 1 April 1974.
In some states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of the United States of America, the high sheriff is the chief sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
of the state, who outranks and commands all other sheriffs.
England, Wales and Northern Ireland
In England, Wales and Northern Ireland the high sheriff (previously the sheriff) is theoretically the Sovereign's judicial representative in the county, while the Lord LieutenantLord Lieutenant
The title Lord Lieutenant is given to the British monarch's personal representatives in the United Kingdom, usually in a county or similar circumscription, with varying tasks throughout history. Usually a retired local notable, senior military officer, peer or business person is given the post...
is the Sovereign's personal representative. (The post should not be confused with that of sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
in Scotland, who is a judge sitting in a sheriff court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
.) Their jurisdictions, the "shrieval counties", are no longer co-terminous with administrative areas, representing a mix between the ancient counties
Counties of the United Kingdom
The counties of the United Kingdom are subnational divisions of the United Kingdom, used for the purposes of administrative, geographical and political demarcation. By the Middle Ages counties had become established as a unit of local government, at least in England. By the early 17th century all...
and more recent local authority areas. The post is unpaid (except for a nominal court attendance allowance), and the general expenses of the office are borne personally by the holder.
The office of sheriff had its origins in the 10th century; the office reached the height of its influence under the Norman kings. While the sheriffs originally had been men of great standing at court, the thirteenth century saw a process whereby the office devolved on local men. The Provisions of Oxford
Provisions of Oxford
The Provisions of Oxford are often regarded as England's first written constitution ....
(1258) established a yearly tenure of office. The appointments and duties of the sheriffs in England and Wales were laid down by the Sheriffs Act 1887
Sheriffs Act 1887
The Sheriffs Act 1887 is an Act of the Parliament of the United Kingdom. It sets out the appointments and qualifications of Sheriffs in England and Wales.The Act gives sheriffs the right to arrest those resisting a warrant ....
. Under the provisions of the Local Government Act 1972
Local Government Act 1972
The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974....
, on 1 April 1974 the office previously known as sheriff was retitled high sheriff.
The serving high sheriff submits a list of names of possible future high sheriffs to a tribunal which chooses three names to put to the Sovereign. The nomination is made on 12 November every year and the term of office runs from 25 March, the start of the year prior to 1752. No person may be appointed twice in three years unless there is no other suitable person in the county.
Nomination
The Sheriffs Act 1887 provided that sheriffs should be nominated on 12 November (Martinmas), or the Monday following if it fell on a Sunday, by any two or more of the Lord ChancellorLord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, the Lord High Treasurer
Lord High Treasurer
The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Act of Union of 1707. A holder of the post would be the third highest ranked Great Officer of State, below the Lord High Chancellor and above the Lord President...
(or the Chancellor of the Exchequer
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
if the Treasurership was in commission), the Lord President of the Council
Lord President of the Council
The Lord President of the Council is the fourth of the Great Officers of State of the United Kingdom, ranking beneath the Lord High Treasurer and above the Lord Privy Seal. The Lord President usually attends each meeting of the Privy Council, presenting business for the monarch's approval...
, and the Lord Chief Justice of England; other members of Her Majesty's Most Honourable Privy Council; and any two or more judges of Her Majesty's High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
. In 1998, the Chancellor of the Exchequer replaced the Lord High Treasurer entirely (since the latter office is invariably placed into commission), and in 2006, the Lord Chancellor was removed as a nominating officer through the operation of the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
. These officers nominate three candidates for each county in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
(with the exception of Cornwall
Cornwall
Cornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...
, Merseyside
Merseyside
Merseyside is a metropolitan county in North West England, with a population of 1,365,900. It encompasses the metropolitan area centred on both banks of the lower reaches of the Mersey Estuary, and comprises five metropolitan boroughs: Knowsley, St Helens, Sefton, Wirral, and the city of Liverpool...
, Greater Manchester
Greater Manchester
Greater Manchester is a metropolitan county in North West England, with a population of 2.6 million. It encompasses one of the largest metropolitan areas in the United Kingdom and comprises ten metropolitan boroughs: Bolton, Bury, Oldham, Rochdale, Stockport, Tameside, Trafford, Wigan, and the...
and Lancashire
Lancashire
Lancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston...
), which are enrolled on a parchment
Parchment
Parchment is a thin material made from calfskin, sheepskin or goatskin, often split. Its most common use was as a material for writing on, for documents, notes, or the pages of a book, codex or manuscript. It is distinct from leather in that parchment is limed but not tanned; therefore, it is very...
by the Queen's Remembrancer.
Eligibility for nomination and appointment of High Sheriff under the Sheriff’s Act of 1887 excludes Peers of Parliament, Members of the House of Commons, Commissioners or Officers of Customs and Excise or Inland Revenue, Officers of the Post Office and Officers of the Navy, Army or Royal Air Force on full pay, Clergymen whether beneficed or not and Barristers or Solicitors in actual practice.
Pricking
The practice of "pricking" is an ancient custom used to appoint the high sheriffs of England and Wales.In February or March of each year, the parchment prepared the previous November is presented to the Monarch of the United Kingdom at a meeting of the Privy Council. Separate parchments are drawn up in November for Cornwall and presented to the Duke of Cornwall
Duke of Cornwall
The Duchy of Cornwall was the first duchy created in the peerage of England.The present Duke of Cornwall is The Prince of Wales, the eldest son of Queen Elizabeth II, the reigning British monarch .-History:...
(or to the monarch when there is no Duke). The monarch, as Duke of Lancaster
Duke of Lancaster
There were several Dukes of Lancaster in the 14th and early 15th Centuries. See also Duchy of Lancaster.There were three creations of the Dukedom of Lancaster....
, also receives a separate parchment for Merseyside, Greater Manchester, and Lancashire.
Three persons are nominated for each county, of whom one is chosen by the monarch to be sheriff. In practice, the first name on the list is nowadays always the one chosen; the second and third names will become sheriffs in succeeding years, barring incapacity or death. The monarch signifies assent by pricking (i.e., piercing) the document with a silver bodkin
Sewing needle
A sewing needle is a long slender tool with a pointed tip. The first needles were made of bone or wood; modern ones are manufactured from high carbon steel wire, nickel- or 18K gold plated for corrosion resistance. The highest quality embroidery needles are plated with two-thirds platinum and...
by the relevant name for each county, and signs the parchment when complete. The parchment for the Duchy of Lancaster is known as the "Lites", and the ceremony of selection known as "Pricking the Lites". The term "lites", meaning "list", was once reserved for Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
; the date at which the name was transferred to Lancashire is unknown.
The practice is believed to date back to the reign of Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
, when, lacking a pen, she decided to use her bodkin to mark the name instead. However, Lord Campbell
John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell PC, KC was a British Liberal politician, lawyer, and man of letters.-Background and education:...
states that in February 1847, while acquiring a prick and a signature from Queen Victoria
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
, Prince Albert asked him when the custom began, to which Campbell replied "In ancient times, sir, when sovereigns did not know how to write their names."
Ireland
The Sheriffs (Ireland) Act 1920 restricted the duties of the High Sheriff to summoning of the county grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
and attending the judge at assizes
Assizes (Ireland)
The Courts of Assizes or Assizes were the higher criminal court in Ireland outside Dublin prior to 1924 . They have now been abolished in both jurisdictions.-Jurisdiction:...
. In the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
the Courts of Justice Act 1924
Courts of Justice Act 1924
The Courts of Justice Act, 1924 was an Act of the Oireachtas that established the courts system of the Irish Free State pursuant to the Constitution of the Irish Free State...
abolished the grand jury and the assizes; and the office of High Sheriff was formally abolished by the Court Officers Act 1926. The office continues to exist in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
Declaration
The declaration a person must make before taking the office of high sheriff is contained in the second schedule of the Sheriffs Act 1887. Additional words are inserted in the case of the Duchy of Cornwall for example the declaration includes: "do solemnly declare that I will well and truly serve the Queen’s Majesty and also his Royal Highness Duke of Cornwall".Responsibilities
Contemporary high sheriffs have few genuine responsibilities and their functions are largely representational:- Attendance at Royal visits to the county.
- Proclamation of the accession of a new sovereignSovereignA sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
. - They usually act as the returning officerReturning OfficerIn various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
for parliamentary elections in county constituencies and see to the annual appointment of an undersheriffUndersheriffAn Undersheriff is an office derived from ancient British practice and still extant in, among other places, the United Kingdom and the United States, though somewhat different forms.-United States:...
. - Attendance at the opening ceremony when a High CourtHigh Court of JusticeThe High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judgeJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
goes on circuit. - Execution of High Court writs.
- Appointment of under-sheriffs to act as deputies.
Most of the high sheriff's work is delegated; for example, the local police now protect judges and courts, so that in effect the post of high sheriff is essentially a ceremonial post. Theoretical responsibilities include the well-being and protection of High Court judges, and attending them in court; and the maintenance of the loyalty of subjects to the Crown.
The high sheriff was traditionally responsible for the maintenance of law and order
Law and order (politics)
In politics, law and order refers to demands for a strict criminal justice system, especially in relation to violent and property crime, through harsher criminal penalties...
within the county, although most of these duties are now delegated to the professional Chief Constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
of Police. As a result of its close links with law and order the position is frequently awarded to people with an association with law enforcement (former police officers, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s, magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s, judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s). The high sheriff was originally allowed to kill suspects resisting arrest; this was still legal in the 17th century. Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
noted that when the high sheriff employed constables to assist in his duties the law was also extended to them.
Powers
Under the provisions of the Sheriffs Act 1887Sheriffs Act 1887
The Sheriffs Act 1887 is an Act of the Parliament of the United Kingdom. It sets out the appointments and qualifications of Sheriffs in England and Wales.The Act gives sheriffs the right to arrest those resisting a warrant ....
, if a sheriff finds any resistance in the execution of a writ he shall "take with him the power of the county" (known as posse comitatus
Posse comitatus (common law)
Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry"...
), and shall go in proper person to do execution, and may arrest the resisters and commit them to prison, and every such resister shall be guilty of a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
.
City of London
There are two Sheriffs of the City of LondonSheriffs of the City of London
There are two Sheriffs of the City of London. The sheriffs are elected annually by the Liverymen of the Livery Companies, and it is a requirement for a Lord Mayor of the City of London to previously have served as a Sheriff. Sheriffs have only nominal duties now, but previously had large judicial...
, elected annually by the Liverymen of the Livery Companies
Livery Company
The Livery Companies are 108 trade associations in the City of London, almost all of which are known as the "Worshipful Company of" the relevant trade, craft or profession. The medieval Companies originally developed as guilds and were responsible for the regulation of their trades, controlling,...
of the City
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
. Whilst these are not High Sheriffs, the City of London does not fall under the High Sheriff of Greater London
High Sheriff of Greater London
The office of High Sheriff is over 1000 years old, with its establishment before the Norman Conquest. The Office of High Sheriff remained first in precedence in the counties until the reign of Edward VII when an Order in Council in 1908 gave the Lord-Lieutenant the prime office under the Crown as...
and the Sheriffs of the City of London were, until 1889, also the Sheriffs for Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
, there being no High Sheriff of Middlesex
High Sheriff of Middlesex
This is a list of High Sheriffs of Middlesex.-History of the office:From c.1131–1889 there was no separate sheriff for the county. By a charter of Henry I the livery of the City of London were given the right to elect two sheriffs of "London and Middlesex" on a payment of £300 per annum to...
until that year.
Cornwall
The first Duchy of Cornwall Charter of 1337 states that the "Shrievalty of Cornwall", the right to appoint the sheriff in the county, is vested in the Duke of CornwallDuke of Cornwall
The Duchy of Cornwall was the first duchy created in the peerage of England.The present Duke of Cornwall is The Prince of Wales, the eldest son of Queen Elizabeth II, the reigning British monarch .-History:...
. Two further charters dated March 18, 1337 and January 3, 1338 state that no sheriff of the king shall enter Cornwall to execute the king's writ. The Sheriff of Cornwall swears to serve both the reigning monarch and the duke. When there is no Duke of Cornwall, the Duchy Council still sits, but under the Trusteeship of the Monarch of the UK. Only as Duchy Trustee can the Monarch of the UK appoint the Sheriff of Cornwall. Nomination and appointment generally takes place in Hilary Term
Hilary term
Hilary Term is the second academic term of Oxford University's academic year. It runs from January to March and is so named because the feast day of St Hilary of Poitiers, 14 January, falls during this term...
, at the office of the Duchy of Cornwall
Duchy of Cornwall
The Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth, or of his parent's succession to the throne. If the monarch has no son, the...
.
Durham
The High Sheriff of Durham was appointed by the Bishop of Durham until 1836, when the jurisdiction of the county palatineCounty palatine
A county palatine or palatinate is an area ruled by an hereditary nobleman possessing special authority and autonomy from the rest of a kingdom or empire. The name derives from the Latin adjective palatinus, "relating to the palace", from the noun palatium, "palace"...
became vested in the Crown. Since then the sheriffs of Durham have been appointed alongside the other English sheriffs.
Lancashire
The right to nominate and select sheriffs in Lancashire is vested in the monarch in right of the Duchy of LancasterDuchy of Lancaster
The Duchy of Lancaster is one of the two royal duchies in England, the other being the Duchy of Cornwall. It is held in trust for the Sovereign, and is used to provide income for the use of the British monarch...
. Originally, this right applied only to the High Sheriff of Lancashire
High Sheriff of Lancashire
The High Sheriff of Lancashire is an ancient officer, now largely ceremonial, granted to Lancashire, a county in North West England. High Shrievalties are the oldest secular titles under the Crown, in England and Wales...
, but since the boundary changes of the Local Government Act 1972
Local Government Act 1972
The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974....
(effective 1974), the High Sheriff of Greater Manchester
High Sheriff of Greater Manchester
The Office of High Sheriff of Greater Manchester is the ceremonial position of High Sheriff appointed to Greater Manchester, a metropolitan county in North West England. The appointment is made by the British monarch, in their capacity as Duke of Lancaster, by pricking the Lites...
and High Sheriff of Merseyside
High Sheriff of Merseyside
*1974–1975: Kenneth Maxwell Stoddart, JP, DL, of 6 The Knowe, Willaston, Wirral, Cheshire*1975–1976: Lieutenant Colonel Frank Vernon Denton, OBE, TD, DL, of 66 Freshfield Road, Formby, Liverpool...
also lie under the jurisdiction of the Duchy of Lancaster
Duchy of Lancaster
The Duchy of Lancaster is one of the two royal duchies in England, the other being the Duchy of Cornwall. It is held in trust for the Sovereign, and is used to provide income for the use of the British monarch...
. As with the other counties in England, three names are nominated each year, but by the Chancellor of the Duchy of Lancaster
Chancellor of the Duchy of Lancaster
The Chancellor of the Duchy of Lancaster is, in modern times, a ministerial office in the government of the United Kingdom that includes as part of its duties, the administration of the estates and rents of the Duchy of Lancaster...
; these are presented to the monarch for selection by the Chancellor in a private audience. Selection generally occurs in Hilary Term.
Wales
The nomination of sheriffs in the counties of Wales was first vested by statute in the Council of Wales and the Marches and the Welsh justices under Henry VIIIHenry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
. With the abolition of the Council in 1689, the power of nomination was transferred to the justices of the Court of Great Sessions in Wales
Court of Great Sessions in Wales
The Court of Great Sessions in Wales was the main court for the prosecution of felonies and serious misdemeanours in Wales between the second Laws in Wales Act of 1542 and the court's abolition in 1830....
. When this court was abolished in 1830, its rights were in turn transferred to the courts of King's Bench, Exchequer
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...
, and Commons Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
. Finally, by an Act of Parliament of 1845, the nomination and appointment of sheriffs in Wales was made identical to that in England.
United States
The position of high sheriff in the United States generally denotes the superior sheriff in a state, or the head of a state-wide sheriff's department. Such a position exists in Rhode IslandRhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
(Executive High Sheriff), and Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
. In New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, the ten high sheriffs are the senior law enforcement officers of each county
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
, and have police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
powers throughout the state.
The New York City Sheriff functions as a de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
high sheriff, as his jurisdiction covers New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, which contains the five New York Counties - each of which contains an undersheriff
Undersheriff
An Undersheriff is an office derived from ancient British practice and still extant in, among other places, the United Kingdom and the United States, though somewhat different forms.-United States:...
.
See also
- List of Shrievalties
- List of High Sheriffs of the United Kingdom (2010)
- List of High Sheriffs of the United Kingdom 2007
- List of High Sheriffs of England, Wales and Northern Ireland 2008
- List of High Sheriffs of England, Wales and Northern Ireland 2009
- High Court enforcement officersHigh court enforcement officersHigh Court Enforcement Officers are authorised by the Lord Chancellor to execute High Court writs. They can seize and sell goods to cover the amount of a debt owed. They can also enforce and supervise the possession of property and the return of goods. They replaced Sheriff's Officers in April 2004...
Sources
- Duchy of Lancaster: Palatinate High Sheriffs, accessed 5 August 2008
- The National Archives: Duchy of Lancaster: Records of Appointment of the High Sheriff of the County Palatine of Lancaster, accessed 5 August 2008
- Wirral Globe: Former Birkenhead pupil is our new High Sheriff, accessed 5 August 2008
- Lancaster Priory: History of the Duchy of Lancaster and the Office of High Sheriff, accessed 5 August 2008